Specific Terms & Conditions.docx

Specific Terms and Conditions

BID SUBMISSION INSTRUCTIONS: Beginning on the alabamabuys supplier portal page, select the desired sourcing project. Once project is opened make sure the left panel is expanded. If not, click on small double arrows to expand. Be sure to review each tab for necessary information and enter bid amounts on item grid as needed. After you have checked and completed each tab, you can validate and submit your bid.

Supplier Qualification:

Suppliers are required to attend the mandatory pre-bid conference/site visit in order to bid on this solicitation.

Mandatory Pre-Bid Conference is scheduled for May 22, 2024 at 10:30 am.

Location:

Alabama Department of Rehabilitation Services/Tuscaloosa 1400 James I. Harrison Parkway East, Suite 300 Tuscaloosa, AL 35405

Award:

Award will be made "all or none" to the lowest responsible bidder meeting all specifications.

Contract period:

Establish a 12-month contract with an option to extend for a second, third, fourth, and fifth 12-month period with the same pricing, terms and conditions. The second, third, fourth, or fifth 12-month period, if agreed by both parties, would begin the day after the first, second, third, or fourth 12-month period expires. Any successive extension must have written approval of both the state and vendor no later than 30 days prior to expiration of the previous 12-month period.

Liability Insurance:

Vendor must have a minimum of $1,000,000.00 liability coverage with $1,000,000.00 aggregate and must be in effect for the contract period. Insurance certificate, or letter of intent to provide the amount of coverage from the insurance company must be submitted with the bid, or the bid will be rejected. Vendor is responsible for all losses/damages caused by its employees. Insurance certificate, when issued, must show the State of Alabama as the certificate holder.

Suppliers are required to carry Workers’ Compensation when employing five (5) or more employees.

Delivery time frame:

All items ordered must be delivered to the "ship to" address shown on the P.O. within thirty (30) days of supplier's receipt of order, unless previously agreed upon from the ordering agency.

Minimum Starting Hourly Pay Rate:

The minimum starting hourly pay rate for any security officers assigned to this contract shall be no less than $15.00 per hour for all non-overtime pay.

Firm Pricing:

Pricing should remain firm for a period of one calendar year from the date of award barring a federal minimum wage increase, in which case, the monthly price may be increased per the minimum wage term and condition.

Price Increase:

At the renewal of each contract period, up to a 5% price increase may be allowed, if agreed upon by both the contract supplier and the Alabama Department of Public Health. The request for a price increase must have justifiable proof in writing and be submitted to the Alabama Department of Public Health sixty (60) days prior to renewal date. Justifiable proof may be copies of materials, fuel, or labor costs increase over the current year of the contract. Any price increase allowed will be based on a percentage difference of the current contract price in effect and must not exceed 5%. Any price resulting from an agreed upon increase, must be firm for the next 12-month period of the contract.

Indemnity:

Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the Division, Eligible Users, and the State of Alabama from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor’s performance of this Contract caused by any intentional act or negligence of Contractor, its agents, employees, officers, partners, or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder due to the sole fault of the Division, Eligible Users, or the State of Alabama. The parties agree that if there are any limitations of the Contractor’s liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property.

Non-appropriation of funds:

Continuation of any agreement between the State and a bidder beyond a fiscal year is contingent upon continued legislative appropriation of funds for the purpose of this bid and any resulting agreement. Non-availability of funds at any time shall cause any agreement to become void and unenforceable and no liquidated damages shall accrue to the state as a result. The State will not incur liability beyond the payment of accrued agreement payment.

Quality of materials and labor:

Materials used that are not otherwise specified shall be the kind and quality consistent with the trade practice for such work and shall comply with all local codes. All labor shall be well experienced in this type work and it shall be completed in a professional manner.

Supplier References:

Suppliers are required to provide (3) three references with their bid response. Reference should include company name where the service was provided, address, telephone number, name of contact person, and time the service was provided.

Payment:

The State of Alabama pays thirty (30) days in arrears after receipt of invoice.

Requested information:

Any additional information requested from a supplier must be furnished within five (5) days from receipt of request